City of Lapeer, MI Business Licenses and Regulations

The fact that a license has been granted to any person by the state to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall not exempt such person from the necessity of securing a license from the City if such license is required by this chapter.

No license required by any provision of this chapter shall be issued to a person who is required to have a license or permit from the state until such person submits evidence that such license has been secured.

Fees.

No license shall be issued until the required fees have been paid according to the City of Lapeer Fee Schedule, as amended by the City Commission.

No license fee shall be required from any person who is exempt from such fee by provisions of state or federal law. Such a person shall comply with all other provisions of this chapter. The City Clerk shall, in all cases, issue to such a person a license which clearly states such exemption and the reason therefor.

No license shall be prorated, unless otherwise specifically provided.

License application.

Unless otherwise provided in this chapter, every person required to obtain a license from the City to engage in operation, conduct or carrying on of any trade, profession, business or privilege shall make application for such license to the City Clerk, on forms provided by the City Clerk, and shall state under oath or affirmation such facts as may be required for or applicable to the granting of such license.

The City Clerk shall examine each application filed under this chapter for a permit and shall make, or cause to be made, such further investigation of the application and the applicant as the City Clerk shall deem necessary. The permit will be issued when the City Clerk determines the following facts:

That all of the statements made in the application are true.

That the applicant has not engaged in any fraudulent transaction or enterprise.

Nothing in the applicant's proposed activity will violate any provision of Chapter 7, Zoning, or any other law or ordinance.

All applications for any license shall be referred to the Police Chief or designate for an investigation and recommendation on matters pertaining to the public safety, health or welfare which are or may be involved in the exercise of the license applied for unless otherwise specifically provided. Where the Police Chief's investigation requires the determination of good moral character of the applicant, the definition of good moral character shall be in accordance with Act 381 of 1974 (MCLA § 338.41 et seq.), as amended.

Authorized issuing officer and approval of City officers or department heads.

The authorized issuing officer shall be the City Clerk unless otherwise specifically provided.

Whenever the approval of a license is required by any City officer or department head, the criteria for approval shall be the applicant's compliance with federal, state and local laws concerning the field in which such officer or department head is involved.

Use of buildings and premises. No license shall be issued for the conduct of any business, and no permit shall be issued for any thing, or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the City Code. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 7, Zoning.

Change of location. The location of any licensed business or occupation, or of any permitted act, may be changed, provided, 10 days' notice thereof is given to the City Clerk, in the absence of any provision to the contrary; provided, that the building and zoning requirements of the ordinances are complied with.

Nuisances. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.

Inspections. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested.

Bonds or insurance.

Where the provisions of this chapter require that the applicant for any license furnish a bond, such bond shall be furnished in an amount deemed adequate by the proper City Officer, or where the amount thereof is specified in the City of Lapeer Fee Schedule, in the amount so required. The form of such bond shall be acceptable to the City Attorney. In lieu of a bond, an applicant for a license may furnish one or more policies of insurance in the same amounts and providing the same protection as called for in any such bond. Any such insurance policies shall be approved as to substance by the City Official issuing such license and as to form by the City Attorney.

No license shall be issued to any applicant unless the required bond or insurance has been posted.

License year.

Except as otherwise specifically provided, all licenses by the City shall be annual licenses. The license year shall begin January 1 of each year and shall terminate at 12:00 midnight on December 31 of that year.

An annual license issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof.

Unless as otherwise specifically provided in this chapter, an application for renewal of a license shall be considered in the same manner as an original application.

Issuance.

If the application for any license is approved by the authorizing issuing officer of the City, as provided in this chapter, and all other applicable sections of this chapter have been complied with, the license shall be issued by the City Clerk or other such officer as is designated to issue such license.

The City Clerk shall keep a full record in the Clerk's office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name of the person authorized to conduct same.

Acceptance of any person of a license granted by the City under this chapter shall constitute permission to any officer of the City, within the authority granted by this chapter under which license was granted, to enter upon and inspect the licensed premises at all reasonable times.

Exhibition of license.

No licensee shall fail to carry any license issued in accordance with the provisions of this chapter upon his/her person at all times when engaged in the operation, conduct or maintenance of any business for which the license was granted. However, where such trade, profession, business or privilege is operated, conducted or carried on at a fixed place or establishment, such license shall be exhibited at all times in some conspicuous place in the licensee's place of business. Every licensee shall produce his/her license for examination when requested to do so by any police officer or by any person representing the issuing authority.

Any person holding a license under this chapter may obtain from the issuing authority a duplicate copy of such license in case the original has been lost, destroyed or so worn or soiled as to be partially or wholly illegible. No such duplicate copy shall be issued unless the licensee returns the original to the City Clerk or files an affidavit with the City Clerk to the effect that such license has been destroyed or lost. A duplicate license issued shall be plainly marked on its face "Duplicate."

No person shall display any expired, suspended or revoked license, or any license for which a duplicate has been issued.

Transfer of license.

No licensed issued under the provisions of this chapter shall be transferable unless specifically authorized by the provisions of this chapter, and then only in accordance with such provision.

Except as otherwise provided in this chapter, no person shall permit another person to use or employ any license issued to him/her by the City.

Denial, suspension or revocation procedures.

The issuance of licenses applied for under this chapter may be denied, suspended or revoked by the authorized issuing officer of the City for good cause.

The term "cause," as used in this chapter, shall include an act or omission or the permitting of a condition to exist, with respect to the license in question; contrary to the health, safety or welfare of the public; unlawful or fraudulent in nature; violation of the provision under which the license was granted; beyond the scope of the license issued; or is forbidden by this chapter or any duly established rule or regulation of the City applicable to the trade, profession, business or privilege for which the license has been granted. The term "cause," as used in this chapter, shall also include the arrest and conviction of the licensee for any crime involving moral turpitude.

Any denial, suspension or revocation of a license by the authorized issuing officer shall be provided written notice, stating the cause or causes therefor, and be delivered to the licensee personally or mailed to the licensee's address, by certified mail, as shown in the application for a license within 10 days of such denial, suspension or revocation.

Any person whose license has been denied, suspended or revoked shall have the right to appeal to the City Manager, or designate, provided a written request is filed with the City Clerk within 10 days of receipt of such notice of denial, suspension or revocation.

The City Manager, or designate, shall conduct a hearing not less than 10 days after the receipt of such written request to appeal a denied, suspended or revoked license, at which time and place the licensee shall have an opportunity to present a defense to such denial, suspension or revocation.

The City Manager, or designate, shall either overturn the action of the authorized issuing officer and issue or reinstate any denied, suspended or revoked license, or confirm the action of the authorized issuing officer and sustain the issuance, or suspension and revocation of any license.

The City Manager, or designate, shall provide written notification within five days of determination to either overturn or confirm the action of the authorized issuing officer regarding the denial, suspension or revocation.

Any person whose license has been confirmed by the City Manager to be denied, suspended or revoked, shall have the right to appeal to the City Commission, provided a written request is filed with the City Clerk within 10 days of receipt of such confirmation.

(9)

Upon a request to appeal to the City Commission, the City Commission shall conduct a hearing and give notice by regular mail to the licensee or his/her attorney, at his/her last known address, of the time and place of the hearing. The City Commission shall by vote of a majority of its membership either overturn the action of the City Manager and issue or reinstate any denied, suspended or revoked license, or confirm the action of the City Manager and sustain the issuance, or suspension and revocation of any license. The decision of the City Commission shall be final and conclusive.

(10)

If a licensee whose license has been denied, suspended or revoked fails to request a hearing, as provided within this chapter, or in the event the City Commission after a hearing confirms the action of the City Manager, the license shall be deemed to be fully and completely revoked for the balance of the license year.

(11)

Upon denial, suspension or revocation of any license as provided in this chapter, any fees paid shall not be refunded.

(12)

No person whose license has been denied, suspended or revoked shall operate any business during any time when a license has been denied, suspended or revoked.

Provisions complementary and supplemental. The provisions of this chapter, together with other relevant provisions of any other section of this chapter, or the provisions hereafter authorized or required by state law, and any and all thereof relative to licenses, permits, businesses, trades, occupations, premises or anything connected therewith, shall each be construed to be complementary and supplemental to each other so far as relevant, and unless otherwise prescribed or inconsistent herewith, shall constitute a part of the regulations and conditions applicable generally to any particular license in the same manner as though these provisions were fully written into each separate sections of this chapter.

Penalties. The penalty for a violation of this chapter shall not exceed a fine of $500 or imprisonment for 90 days, or both, unless otherwise specified.

§ 20-2 License required for going-out-of-business or removal sale. [1]

Unless otherwise prescribed by statute, no person shall advertise or conduct a going-out-of-business, insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's removal, closing out, and sales of goods, wares and merchandise damaged by fire, smoke, water or otherwise without first having obtained a license under this chapter in accordance with the provisions of Regulation of Certain Sales, Public Act 39 of 1961 et seq., (MCLA § 442.211 et seq.) as amended.[2]

[1]

Editor's Note: Former Sec. 20.01, Billiards and Pool Rooms and Bowling Alleys, previously included here, was repealed 4-29-2010.

[2]

Editor's Note: Former Sec. 20.02, Taxicab license, which immediately followed this section, was repealed 6-5-2017.

§ 20-3 Secondhand dealer and junk dealer.

[Amended 5-22-2014]

Purpose. The purpose of this section is to protect public health, safety and welfare, reduce and/or eliminate the acceptance and resale of stolen or unauthorized property and reduce crime. The City enacts this section to license and regulate secondhand dealers and junk dealers within its jurisdiction. This section is adopted in conjunction with the Secondhand Dealers and Junk Dealers Act, 350 of 1917, (MCLA § 445.401 et seq.), as amended, and which said Act is adopted by reference.

Definitions. As used in this section, the following terms shall have the meanings indicated:

JUNK

Any personal property which is, or may be salvaged for reuse, resale, reduction, or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for any of the aforesaid purposes. Without limiting the aforesaid definition of "junk," terms shall include used, or salvaged rope, bags, paper, rags, glass, rubber, wood pellets, and similar articles of property, dismantling of automobiles or other machinery including tires.

JUNK DEALER

Any person, firm, corporation, member or members of a copartnership or other entity, whose business is buying, exchanging, collecting, receiving, storing, accumulating, selling, or otherwise handling junk, but does not include a scrap processor, an automotive recycler, or a junkyard that deals principally in industrial scrap and is licensed by the City.

SECONDHAND DEALER

Any person, firm, corporation, member or members of a copartnership, or other entity, whose principal or primary business is that of dealing in, buying, purchasing, selling, exchanging, storing or receiving secondhand goods. "Principal or primary business" means that more than 50% of the gross revenue of the secondhand dealer is derived from the buying, purchasing, selling, exchanging, storing and receiving secondhand goods.

The definition of secondhand dealer does not include:

Scrap processor, an automotive recycler, or a junkyard that deals principally in industrial scrap and is licensed by the City.

Any person, firm, corporation, member or members of a copartnership, or other entity subject to the Precious Metals and Gem Dealer Act, Act 95 of 1981 (MCLA § 445.481 et seq.), as amended.

Any person, firm, corporation, member or members of a copartnership, or other entity subject to the Pawnbrokers Act, Act 273 of 1917 (MCLA § 446.201 et seq.), as amended.

(d)

Householders selling, purchasing, consigning, or trading articles owned and possessed by themselves or the executors or administrators of any such householders.

(e)

Sellers of new articles, wares or merchandise from manufacturers, wholesale distributors or jobbers for retail sale to customers.

(f)

Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show, a convention or an auction.

(g)

Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.

(h)

Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.

(i)

Any transaction between a buyer of a new article and the person who sold the article when new which involves either: the return of the article; or the exchange of the article for a different, new article.

SECONDHAND GOODS

Any goods, wares, merchandise or other personal property acquired or purchased after having been acquired at retail and used by another except as excluded herein.

Such term includes:

Home and personal audio and video equipment, including but not limited to televisions, radios, audio players, receivers, and recorders of any kind; and personal electronic devices.

Car stereos, GPS devices, and other audio and video equipment for use or installation in a motor vehicle.

Computers and video game devices of any kind and related software, game disks, and cartridges.

(d)

Electrical or other appliances.

(e)

Tools; other than antique or farm and garden implements.

(f)

Musical instruments.

(g)

Sporting equipment and bicycles.

(h)

Lawn mowers and lawn equipment and snow blowers.

(i)

Telephones and cellular phones where no new items are offered for sale.

(j)

Fur coats and other fur clothing.

(k)

Ammunition and knives.

Such term does not include:

Used car dealers.

Art galleries.

Used book or magazine stores.

(d)

Clothing stores.

(e)

Antique dealers and other dealers in used household furniture.

(f)

Trading cards.

(g)

Tapestries.

(h)

Nonprofit organizations reselling donated goods.

(i)

An Internet dropoff store operating in compliance with MCLA § 445.401(3).

(j)

A person engaged in the sale, purchase, consignment, or trade of personal property or other valuable thing for himself or herself as provided under MCLA § 445.401(2).

(k)

Silverware, flatware, china and crystal.

License required; term; transfer.

No person shall carry on the business of a secondhand dealer or junk dealer without first obtaining a license to do so from the City as provided in this section for each separate place of business conducted by such owner.

Any license issued under this section shall be for the period of one year from the date of issuance unless sooner revoked for cause.

No license under this section shall be transferable.

Authorized issuing officer. All secondhand dealer and junk dealer licenses shall be approved by the Mayor, with confirmation by the Commission, and it shall be the duty of the City Clerk to issue a license. Prior to the issuance of any such license, the applicant shall pay an annual license fee as stated within the City of Lapeer Fee Schedule.

Inspection. The City and any of its departments, as well as the county and any other governmental agencies as necessary to ensure that the proposed business and applicant comply with applicable laws, ordinances and regulations during normal business hours. An application may be refused for submission for approval until a report from applicable departments is received and information furnished to ensure that the applicant or proposed premises comply with all applicable laws, ordinances, and regulations.

Application.

Application for a secondhand dealer and junk dealer license shall be made in writing to the Mayor and filed in the office of the City Clerk. Said application shall contain the name and address of the applicant, the location where the business is to be carried on, owner of the real estate on which the business is to be conducted, previous experience as a secondhand dealer or junk dealer, listing of all agents/employees, and any other such information as may be deemed necessary for the proper enforcement of the provisions of this section.

A secondhand dealer and junk dealer shall provide to the City Clerk within 24 hours after hiring a new employee, the name and address of the new employee.

Bonds or insurance. Each application for a secondhand dealer and junk dealer shall be accompanied by a corporate surety bond in the sum of $3,000 conditioned for the faithful performance of the duties and obligations pertaining to the conduct of the business and for payment of all costs and damages incurred by any violation of this section.

Additional requirements. Issuance of a license under this section shall be subject to the following additional requirements:

Licensee shall comply with all requirements listed under MCLA §§ 445.404 through 445.407, as amended.

Licensee shall comply with all federal and state laws and regulations.

Location of licensee shall be subject to local laws and zoning requirements.

Secondhand article dealer mall or flea market.

The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea-market license for the premises or land if the following conditions are met:

Each secondhand article dealer occupies a separate sales location and identifies herself or himself to the public as a separate secondhand dealer.

The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea-market license holder.

All sales are completed at a central location under the control of the secondhand article dealer mall or flea-market license holder, who maintains a record of all sales.

The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with MCLA § 445.404.

General provisions.

The junkyard, shop or place for the dismantling of automobiles, or other machinery, shall be so conducted as not to create a nuisance by reason of noise or disagreeable odors or fumes, that no loads of iron or other heavy materials may be unloaded nor breakup hammers used between the hours of 9:00 p.m. and 6:00 a.m. That said junk dealers shall not burn rubber or other substance so that the air may be polluted, nor shall said junk dealers cause to be lighted any fires in the closing hours, nor shall said junk dealers obstruct or cause to be obstructed the sidewalks, alleys, or right-of-way, nor place nor cause to be placed outside of the property lines any hides, secondhand articles, used car parts, wheels, tin, iron, or metal of any kind or nature, and the City Commission shall impose such other regulations and restrictions as may be necessary to prevent the business of the licensee from being conducted in such manner as to be a nuisance or a noisome and offensive business within the City Limits of the City of Lapeer, Michigan, and the said City Commission may rescind such license upon complaint and said junkyard shall cease to operate until said evils are corrected or upon such terms and conditions as the said City Commission in its discretion may ordain; provided, that before rescinding such license, the licensee shall be informed of the complaint against him and shall be given a reasonable opportunity to be heard thereon.

It shall be unlawful and a violation of the provisions of this section for any person, firm or corporation to engage in the business of a secondhand or junk dealer within the corporate limits of the City of Lapeer unless such property upon which said business is conducted shall be enclosed according to Chapter 7, Zoning, of the City of Lapeer Code.

Goods or materials on the premises of a secondhand store shall not be stored, allowed to rest upon or protrude over any public street, alley, walkway or curb, or become scattered or blown off the premises.

Manifests. Every secondhand dealer and junk dealer shall keep a record of all items, goods, and merchandise received, purchased and sold and such record and the premises of every secondhand dealer and junk dealer shall be open to the inspection of all police and health officials at all reasonable hours.

Denial, suspension or revocation procedures. Any denial, suspension or revocation procedures shall be as set forth in § 20-1Q of this chapter.

Unlawful purchases or receipt of goods or articles. No person shall purchase or receive any article:

Between the hours of 9:00 p.m. and 7:00 a.m.;

From any person intoxicated or under the age of 17 years without written consent of parent or guardian; and

From a person known or suspected to be a thief or a receiver of stolen property.

Violations; penalties.

The license of a person, corporation, copartnership, or firm found to be in violation of any provision of this section shall be considered to be revoked and such person, corporation, copartnership, or firm shall not be permitted to carry on the business of being a secondhand or junk dealer within the City for a period of one year after that conviction.

A person, corporation, copartnership, or firm who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than six months and shall be fined not less than $500 or more than $1,000, excluding the costs of prosecution.

A secondhand or junk dealer who buys or sells scrap metal, knowing that it is stolen, is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $5,000, or both. The penalties imposed under this subsection apply only to a first violation of this subsection.

A secondhand or junk dealer who buys or sells stolen scrap metal knowing that it was stolen is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $10,000, or both. The penalties imposed under this subsection apply to a second or subsequent violation.

The remedies under this act are independent and cumulative. The use of one remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.

Each and every day a violation exists shall be deemed a separate day.

Repeal. All ordinances and sections of ordinances in conflict with this section are hereby repealed.

Savings. Should any phrase, word, sentence, or paragraph of this section be declared unenforceable, unconstitutional, or illegal by a court of competent jurisdiction, the remainder of this section shall be considered to be in full force and effect. The determination by the court shall have no effect with respect to the validity of the remaining portions of the section, which are not affected by the decision of the Court.

§ 20-4 Shooting galleries.

Shooting gallery defined. The term "shooting gallery," as used in this section, means any public place or range for shooting and discharging firearms at a target for which a fee is charged, except shooting galleries or ranges maintained or operated by any military organization, police department or school, the privileges of which are not available to the general public.

License required. No person or persons, firm or corporation shall operate a shooting gallery in the City of Lapeer without first obtaining a license under this section from the City Commission.

Authorized issuing officer. All licenses for shooting galleries shall be approved by the City Commission and it shall be the duty of the City Clerk to issue a license.

Application.

Application for a shooting gallery shall be made in writing to the City Commission and filed in the office of the City Clerk. Said application shall contain the name and address of the applicant, the location where the business is to be carried on, owner of the real estate on which the business is to be conducted, previous experience as an operator of a shooting gallery, listing of all agents/employees, and any other such information as may be deemed necessary for the proper enforcement of the provisions of this section.

Any applicant for a shooting gallery shall provide to the City Clerk within 24 hours after hiring a new employee the name and address of the new employee.

Bonds or insurance.

Each application for a shooting gallery shall be accompanied by a certificate of liability insurance policy issued by an insurance company authorized to do business in the state and shall be in full force in the amount of $500,000 for bodily injury to any one person; in the amount of $500,000 for bodily injury to more than one person which were sustained in the same accident, and $500,000 for property damage resulting from one accident.

Each liability insurance policy shall contain a clause obligating the insurer to give the City Clerk, by certified mail, at least 10 days' written notification before the cancellation or termination of such insurance by other than the expiration of the original term of the policy. Upon termination of any such policy of insurance, however caused, the shooting gallery in connection with which it was furnished shall immediately be suspended, and such suspension shall continue until the required insurance policy has been furnished and approved by the City Commission.

Location. No shooting gallery shall be located nearer than 1,000 feet to the entrance of any school, church or hospital, nor in any location which in the opinion of the City Commission will result in the annoyance of any nearby resident. However, a license may be issued for a shooting gallery in the convention center, notwithstanding this section, if all of the other provisions of this article are complied with.

Hours of operation. No shooting gallery shall be operated between the hours of 1:00 a.m. and 9:00 a.m.

Safety rules. In the operation of any shooting gallery, the following safety rules shall at all times be observed:

The backstop behind the target shall be of at least four-sixteenth-inch steel boiler plate, shall extend the full width of the room and forward at such angle of 45° from the floor and shall be made rigid. The top of such backstop shall extend forward not less than 24 inches. There shall be provided a six-inch sand trap at the bottom and directly in front of the backstop the full width and depth of the same. The counter shall not be less than 12 feet from the backstop and so constructed that there shall be no interference between or among the persons shooting at different targets.

No person under the influence of intoxicants or narcotics, nor any minor under the age of 16 years, shall be permitted to handle or discharge any firearms upon the premises.

No pistols or revolvers shall be permitted, except where each pistol or revolver is chained down or so affixed to the counter that it cannot possibly be aimed in any direction other than towards the target. Each pistol or revolver shall be housed or boxed in a separate compartment not less than 18 inches by 30 inches permanently affixed to the counter and made of steel boiler plate at least 1/4 inch in thickness.

No rifle, pistol or revolver shall be used which discharges a cartridge or cartridges at a velocity in excess of 1,200 feet per second.

All doors, gates and entrances leading into that part of the premises between the firing point and the backstop shall be securely locked, and no one shall be permitted therein at any time persons are engaged in shooting or have access to the rifles used.

All rifles, pistols and revolvers, including the sights thereon, shall be at all times kept in first-class condition.

The ammunition used shall be smokeless, and only .22 caliber short cartridges shall be permitted to be used.

The shooting galleries shall be properly and adequately ventilated at all times.

(9)

Attendant shall wear a uniform, brassard or other distinguishing mark to identify them as employees of the licensee.

§ 20-5 Circuses, medicine shows, carnivals, tent shows.

License required. No circus, medicine show, carnival or tent show shall present or offer any exhibit, play or any form of entertainment whatsoever within the limits of the City of Lapeer without first obtaining a license under this section from the City Clerk.

Application. Application for a circus, medicine show, carnival, and tent show shall be made in writing and filed in the office of the City Clerk. Said application shall contain the name and address of the applicant, the location where the business is to be carried on, owner of the real estate on which the business is to be conducted, previous experience as a circus, medicine show, carnival, tent show, listing of all agents/employees, and any other such information as may be deemed necessary for the proper enforcement of the provisions of this section.

Bonds or insurance.

Each application for a circus, medicine show, carnival or tent show shall be accompanied by a certificate of liability insurance policy issued by an insurance company authorized to do business in the state and shall be in full force in the amount of $500,000 for bodily injury to any one person; in the amount of $500,000 for bodily injury to more than one person which were sustained in the same accident, and $500,000 for property damage resulting from one accident.

Each liability insurance policy shall contain a clause obligating the insurer to give the City Clerk, by certified mail, at least 10 days' written notification before the cancellation or termination of such insurance by other than the expiration of the original term of the policy. Upon termination of any such policy of insurance, however caused, the circus, medicine show, carnival or tent show in connection with which it was furnished shall immediately be suspended, and such suspension shall continue until the required insurance policy has been furnished and approved by the City Commission.

§ 20-6 Pawnbrokers. [1]

Definition. Any person within the City who loans money on deposits of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property into his/her/its possession, is hereby declared to be a pawnbroker.

License required. No person shall carry on the business of a pawnbroker without first having obtained a license under this section in accordance with the provisions of the Pawnbrokers Act, Public Act 273 of 1917 (MCLA § 446.201 et seq.), as amended.

Adoption by reference. The City hereby adopts by reference the provisions of MCLA § 446.201 et seq., as amended.

Authorized issuing officer. All pawnbrokers licenses shall be approved by the Mayor, with confirmation by the Commission, and it shall be the duty of the City Clerk to issue a license.

Application.

Application for a pawnbroker license shall be made in writing to the Mayor and filed in the office of the City Clerk. Said application shall contain the name and address of the applicant, the location where the business is to be carried on, owner of the real estate on which the business is to be conducted, previous experience as a pawnbroker, listing of all agents/employees, and any other such information as may be deemed necessary for the proper enforcement of the provisions of PA 273 of 1917, as amended,[2] and this section.

[2]

Editor's Note: See MCLA § 446.201 et seq.

TRANSIENT OR ITINERANT MERCHANT

A pawnbroker shall provide to the City Clerk within 24 hours after hiring a new employee the name and address of the new employee.

[1]

Editor's Note: Former Sec. 20.06, Transient or itinerant photographers, previously included here, was repealed 4-29-2010.

§ 20-7 Solicitors, canvassers, peddlers, transient or itinerant merchants.

Permit and license required. No person shall engage in the business of solicitor, canvasser, peddlers, transient or itinerant merchant without first obtaining a license under this section from the City Clerk.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CANVASSER or SOLICITOR

Any individual, whether resident of the City of Lapeer or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to make orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.

PEDDLER

Any person, whether a resident of the City of Lapeer or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction make delivers to purchasers as a part of a scheme or design to evade the provisions of this section shall be deemed a peddler subject to the provisions of this section. The word "peddler" shall include the words "hawker" and "huckster."

PERSON

As used herein shall include the singular and the plural and also mean and include any person, firm or corporation, association, club, copartnership or society, or any other organization.

Includes all persons, both principals and agents who engage in and conduct within this City, either in one locality, or traveling from house to house, and place to place, a temporary or a transient or itinerant business, with the intention of continuing in such business in any one place for a period of not more than 90 days. Transient or itinerant shall also include motor vehicles for sale that are not located on the premises of its property owner in the corporate limits of the City of Lapeer.

Application. Applicants for permit and license under this section must file with the City Clerk, a sworn application in writing (in duplicate) on a form to be furnished by the City Clerk, which shall give the following information:

Name, description, date of birth, driver's license number, and telephone number of the applicant.

Permanent home address and full local address of applicant.

A brief description of the nature of the business and the goods to be sold.

The name of the person, firm, partnership, corporation, or other business entity represented, if different than the applicant, together with the address of the registered office of the business and registered agent designated in Michigan for service of legal process, and the address of the nearest local or district office.

The length of time for which the right to do business is desired.

Two photographs of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance the nature of the offense, and the punishment or penalty assessed therefor.

A statement by a reputable physician of the City of Lapeer, dated not more than 10 days prior to submission of the application, certifying the applicant to be free of contagious, infection or communicable disease.

(9)

If a lot, room, building or structure is to be used, or if a cart, stand, booth, or other structure or fixture is to be placed on the property of another, evidence that the applicant has the legal consent of the legal owner of the property.

(10)

If a motor vehicle is to be used, a description of the same, together with the license number, a statement that the applicant has a current valid operator's license and whether the applicant has had his or her driving privileges revoked, suspended, or restricted within three years immediately prior to the date of application, and the nature of any such revocation, suspension or restriction.

(11)

A copy of a valid current Michigan sales tax license, or, if exempt, a copy of a current exemption certificate, if required for the goods, wares or merchandise sold.

(12)

If food is to be sold, a health card or its equivalent issued by the State of Michigan regulatory agency.

(13)

The name of the person having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the City; the local address of such person while engaged in such business, the permanent address of such person; the capacity in which such person will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and, if a corporation, under the laws of what state the same is incorporated.

Bonds and insurance.

No solicitor, canvasser, peddler, transient or itinerate merchant shall engage in such business, and no license shall be issued by the City Clerk, unless there is on file an indemnity bond with the City Clerk in the penal amount of $1,000 to indemnify the City for any and all damage to public property of any kind, and conditioned that the licenses will pay to the City all fines and penalties which may be assessed against the licensee for a breach of any ordinance relating to the business carried on by such person, and conditioned, further, that such licensee will fulfill any obligation to a resident of the state, which obligation is incurred as a result of the operation of such licensee in the City.

Every applicant for a license under this section shall provide evidence of proper public liability and personal injury insurance for each vehicle to be used in the amount of not less than the following:

On account of injury to, or death of, any person in any one accident: $500,000.

On account of damage to property in any one accident: $100,000.

Each liability insurance policy shall contain a clause obligating the insurance to give the City Clerk, by certified mail, at least 10 days' written notification before the cancellation or termination of such insurance by other than the expiration of the original term of the policy. Upon termination of any such policy of insurance, however caused, the license in connection with which it was furnished shall immediately be suspended, and such suspension shall continue until the required insurance policy has been furnished and approved by the City Commission.

Badges. The City Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the type of license for which applied (i.e., Licensed Solicitor) the period for which the license is issued and the number of the license. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.

Exhibition of license.

Any person issued a license under this section, are required to exhibit their licenses at the request of any citizen.

No person shall permit another person to use or employ a license issued to him/her by the City.

Duty of police to enforce. It shall be the duty of any police officer of the City of Lapeer to require any person seen soliciting, canvassing, peddling, transient or itinerant merchant, and who is not known by such officer to be duly licensed, to produce such license and to enforce the provisions of this chapter against any person found to be violating the same.

Exemptions. The following persons are exempt from the licensing requirement of § 20-7:

Any person under the age of 16 years of age, except that persons under age 16 peddling or vending from a motor vehicle shall be requested to obtain a license.

Any person representing any established public or private school, provided that sales are under the sponsorship of the school.

Any person selling vegetables, fruits, or perishable farm products at any farmer's market approved by the City.

Any person operating any booth or concession during a City-approved special event.

Any person exempt from the licensing requirement by virtue of state or federal law.

Additional requirements.

The hours for soliciting, canvassing, peddling, transient or itinerant merchant, shall be between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday. No licensed solicitor, canvasser, peddler, transient or itinerant merchant will be allowed to conduct such business on Sundays.

No soliciting, canvassing, peddling, transient or itinerant merchant or any person on his behalf; shall shout, make any crate, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of said City or upon any private premises in the said City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandize which such licensee proposes to sell.

No solicitor, canvasser, peddler, transient or itinerant merchant shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where its operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenience.

It shall be unlawful for any peddler, canvasser, solicitor, transient or itinerant merchant whether licensed or not, to sell or expose for sale or offer for sale, in any place within the limits of the City any stale, rotten, fermented, nauseous or unwholesome vegetables, fruit, berries or any other articles or provisions by them sold, under licenses or otherwise, or any unwholesome bread, cake or other bakery products.

No solicitor, canvasser, peddler, transient or itinerant merchant shall sell or offer for sale any faulty, incomplete or deteriorated article of merchandise.

No solicitor, canvasser, peddler, transient or itinerant merchant shall, during school hours, sell or offer for sale any merchandise upon any public place of the City contiguous or adjacent to any property used for school purposes and within 200 feet of such property.

No solicitor, canvasser, peddler, transient or itinerant merchant shall call without an appointment at any dwelling or residence where a sign is displayed stating "no peddlers," "no salesmen," "no trespassing," or words of similar meaning or import.